Amar Bhol v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16854 of 2021 Amar Bhol .... Petitioner Mr.Dinesh Kumar Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr .Deepak Kumar Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up through video conferencing.

Heard the learned counsel for the petitioner and the learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Puri Sadar P.S. Case No. 291 of 2020 corresponding to G.R. Case No.2834 of 2020 pending in the Court of learned S.D.J.M., Puri for the commission of the alleged offences punishable under sections 498-A, 304-B, 302/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submitted that the deceased is the wife of the petitioner and she

// 2 // committed suicide by hanging herself and the post mortem report also indicates that it is a case of suicidal hanging but all the same, the case has been registered, inter alia, for offences under sections 304B and 302 of the Indian Penal Code even though there are no materials to make out such offences. Learned counsel further submitted that the materials on record indicate that the petitioner was having extra marital relationship with another lady for which the deceased committed suicide. It is further submitted that the coaccused Trinath Bhola, who is the father in-law of the deceased, has been granted anticipatory bail by this Court in ABLAPL No. 11557 of 2021 and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today, in the event of which the learned Courts below shall dispose of the same expeditiously in accordance with law. The case records shall be made available to the Court concerned for disposal of the bail application. The ABLAPL stands disposed of.

// 3 // Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo